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Gonzalez v. Tallapoosa County Sheriff's Dept. et al (INMATE2) Doc.

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Case 2:06-cv-00450-MEF-CSC Document 3 Filed 05/24/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
_______________________________

ERNESTO GONZALEZ *

Plaintiff, *

v. * 2:06-CV-450-MEF
(WO)
TALLAPOOSA COUNTY SHERIFF’S *
OFFICE, et al.,
*
Defendants.
_______________________________

ORDER

This matter is before the court for screening pursuant to 28 U.S.C. § 1915(e)(2)(B).

This action contains a claim that Plaintiff was falsely imprisoned at the Kilby Correctional

Facility. Plaintiff identifies as Defendants persons and/or entities located at two different

penal facilities within the jurisdiction of this District. Further, the complaint merely contains

general conclusions of constitutional violations, and fails to identify factual allegations

material to specific counts lodged against the named defendants with respect to any

violations of Plaintiff's constitutional rights. The court, therefore, deems it appropriate to

require Plaintiff to amend his complaint to correct the deficiencies noted herein.

Accordingly, it is

ORDERED that on or before June 6, 2006 Plaintiff shall amend his complaint to

provide the following additional factual information:

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Case 2:06-cv-00450-MEF-CSC Document 3 Filed 05/24/2006 Page 2 of 3

1. State his status in the Tallapoosa County Jail at the time of his transfer to the Kilby

Correctional Facility, i.e, pre-trial detainee, parole violator, convicted inmate;

2. Identify specific claims relative to actions taken against him by the named

defendants and list these claims in separate counts;

3. Describe with clarity those factual allegations that are material to each specific

count against the named defendant(s); and

4. Describe how each named defendant violated his constitutional rights.

Plaintiff's amended complaint should comply with F.R.Civ.P. 8(a) which requires that

a plaintiff plead "'a short and plain statement of the claim that will give the defendant fair

notice of what the plaintiff's claim' is and the grounds upon which it rests." Leatherman v.

Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 168 (1993)

(emphasis added) (quoting Conley v. Gibson, 355 U.S. 41, 47(1957); see Fullman v.

Graddick, 739 F.2d 553, 556-57 (11th Cir. 1984) (finding vague and conclusory claims are

subject to dismissal). Plaintiff is further advised that his failure to timely and properly

comply with the directives contained in this order will result in a Recommendation that this

action be dismissed.

Done this 24th day of May, 2006.

/s/Charles S. Coody
CHARLES S. COODY
CHIEF UNITED STATES MAGISTRATE JUDGE

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Case 2:06-cv-00450-MEF-CSC Document 3 Filed 05/24/2006 Page 3 of 3